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ORTON V. SMITH, 59 U. S. 263 (1855)

U.S. Supreme Court

Orton v. Smith, 59 U.S. 18 How. 263 263 (1855)

Orton v. Smith

59 U.S. (18 How.) 263


Those only who have a clear, legal, and equitable title to land, connected with possession, have a right to claim the interference of a court of equity to give them peace or dissipate a cloud on the title.

Therefore, where the complainant was the volunteer purchaser of a litigious claim, was the assignee of a secret equity for apparently a mere nominal consideration and of the bare legal title for a like consideration, and this legal title assigned to him during the pendency of a suit in chancery in a state court to ascertain the person justly entitled to it, it was error in the court below to grant to such complainant a perpetual injunction.

The courts of the United States should not entertain a bill of peace upon a title in litigation in a state court.

The facts are stated in the opinion of the Court.

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